Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 997: Penal institutions; limit time that Department of Community Supervision can hold certain inmates in a county facility
Last action March 3, 2026 · House Committee Favorably Reported By Substitute
A House Judiciary substitute to HB997 would cap how long the Department of Community Supervision can hold probationers in county jails, bar courts from forcing sheriffs to transport inmates, and roughly quadruple the daily reimbursement counties get for housing state inmates.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Currently county jails often hold state inmates, probation violators, and parole violators for extended periods while waiting on transfer to state facilities, and counties are reimbursed only $7.50 per day per inmate under Georgia law (O.C.G.A. Title 42). This bill changes several parts of that system. It limits the Department of Community Supervision (DCS) to holding sanctioned probationers in a county or municipal jail for no more than 60 days unless the local sheriff, warden, or police chief agrees to longer, and it says no court or DCS policy can force local law enforcement to transport probationers to state facilities. The bill also raises the reimbursement rate the Department of Corrections and the State Board of Pardons and Paroles must pay counties for housing state inmates, from $7.50 to $30.00 per day, and changes when that reimbursement period starts and stops. It generally requires that people convicted, revoked from probation, or revoked from parole not serve their sentences in a county facility, with some exceptions, such as agreements with the sheriff or inadequate facilities for female inmates.
What the bill does
- Caps DCS custody of sanctioned probationers in a county or municipal jail at 60 days unless the sheriff, warden, or police chief approves a longer hold.
- Bars courts and DCS from requiring sheriffs, wardens, or police chiefs to transport probationers to state facilities like probation detention centers.
- Raises the daily reimbursement rate the state pays counties for housing state inmates from $7.50 to $30.00 per inmate per day.
- Sets new start and end dates for when county reimbursement periods begin and terminate, tied to sentencing, revocation, or transfer dates.
- Generally prohibits felony parole violators from serving their sentence in a county jail unless there is an express agreement with the sheriff or warden.
- Requires the State Board of Pardons and Paroles to reimburse counties for medical expenses of arrested parole violators when funds are appropriated, changing 'may' to 'shall'.
Who it affects
County sheriffs, jail administrators, and local governments that house state inmates and probationers; the Department of Community Supervision; the Department of Corrections; the State Board of Pardons and Paroles; and people who are on probation or parole and may be held in county facilities.
Why it matters
Counties currently absorb much of the cost and logistical burden of holding state inmates and probationers awaiting transfer. Higher reimbursement rates and firmer time limits could ease strain on county jails and budgets, while restricting how long people can be held locally before moving to state custody.
Key provisions
- Section 1 amends O.C.G.A. § 42-3-113 to limit DCS holds of sanctioned probationers in county facilities to 60 days absent sheriff approval and bars forced transport orders on local law enforcement.
- Section 2 amends O.C.G.A. § 42-5-50 to prevent courts from ordering counties to transport inmates and clarifies the state pays counties per diem while inmates remain in physical custody of the sheriff or warden.
- Section 3 amends O.C.G.A. § 42-5-51 to raise the reimbursement rate from $7.50 to $30.00 per day per inmate and to define precise start and end dates for reimbursement based on sentencing or probation revocation orders.
- Section 3 also states counties are not entitled to reimbursement for days an inmate is not in physical custody of a county facility.
- Section 4 amends O.C.G.A. § 42-9-49 to generally bar felony parole violators from serving sentences in county jails absent agreement with the sheriff, sets the $30.00 per day reimbursement rate, and requires (rather than permits) medical expense reimbursement.
- Section 5 repeals conflicting laws.
From the bill
“such holding period may not exceed 60 days unless expressly approved by the sheriff, warden, or chief of police of such jail, correctional institution, or detention center.”
“No court shall order the county to transport the inmate to the inmate's assigned place of detention”
Discussed in meetings (6)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Non-Civil Committee, February 23, 2026
From 0:13:53 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair removed HB 997 from the day's agenda at another member's request and said the committee would try to hear it Wednesday. There was no presentation or debate.
House Judiciary Non-Civil Committee, March 2, 2026
From 1:06:32 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute for HB 997, saying the original proposal's fiscal estimate required scaling back county-jail reimbursement increases. The substitute would raise the statutory daily rate from $7.50 to $30 rather than $50, allow certain probationers to remain up to 60 days rather than the previously proposed 30, and remove sheriffs' responsibility for specified transports. The sponsor said counties were bearing state costs. A Georgia Sheriffs' Association witness supported increased reimbursement and shifting transports to probation officers. A Department of Community Supervision witness said a jail-roster review found 9,048 department supervisees among 41,279 county inmates. That witness said the department's administrative process reduced average jail stays for technical violations from 99 to 31 days, and warned that transport duties would require additional resources. The sponsor questioned consent waivers allowing felony probationers to serve time in county jails. The department witness said such waivers typically require agreement from the probationer, counsel, prosecutor and court. After a recess, the committee adopted amendments deleting provisions identified during discussion as requiring reimbursement for probationers and making a numbering correction. The committee approved the substitute as amended by voice vote and sent it to Rules.
House Rules Committee, March 4, 2026
From 1:48:22 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said HB 997 would update reimbursement rules for counties housing state inmates and increase payments from the Board of Pardons and Paroles. The presenter also said community supervision officials would have to arrange transportation for revoked probationers held in county jails. No questions or decision followed.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Rob Leverett (R, HD-123)
- James Burchett (R, HD-176)
- Clint Crowe (R, HD-118)
- Danny Mathis (R, HD-133)
- Angie O'Steen (R, HD-169)
- Bill Hitchens (R, HD-161)
Topics
- county jails
- probation and parole
- prison reimbursement
- criminal justice
- sheriffs and law enforcement